Jefferson Co., Inc.

National Labor Relations Board - Board Decisions

May 29, 1953

105 N.L.R.B. 202 (N.L.R.B. 1953)

202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that of maintenance which allies them more closely with produc-
tion and maintenance employees than with office employees.
Therefore , we shall include them in the unit.
The warehouse clerk in the general office performs the same
warehouse duties of receiving and issuing stock and supplies
as the other warehouse clerks in the electrical and lumber
and timber departments whom the parties agree to include
in the unit . We shall therefore , contrary to the Petitioner's
contention , include the warehouse clerk.
Accordingly , we find the following unit appropriate for the
purposes of collective bargaining within the meaning of Section
9 (b) of the Act:
All production and maintenance employees at the Employer's
Lead , South Dakota , operations , including the employees at
the deadwood slime plant, the Kirk power station , the Engle-
wood hydropower plant , the hydropower plants Nos . 1 and 2,
the Spearfish sawmill, the Golden Gate Timber Company logging
operation , load dispatchers , watchmen , the leadman in the air
motor repair shop , the master electrician , the carpenter crew
boss, the chief mechanic at the sawmill , assayers and as-
sistant assayers , the storekeeper in the mechanical department,
compressor operators , the tabulating machine mechanics, the
mine messenger , warehouse clerks , senior and junior refiners,
janitors , office janitresses , hoistmen , crowbar men , and as-
sistant foremen, but excluding office clerical employees, tele-
phone operators , pinsetters , bullion guards, guards, shift
bosses , the foreman in the water department, the foreman in
the carpenter department , the foreman in the uranium operation,
and other supervisors as defined in the Act.9
[Text of Direction of Election omitted from publication.]
9 Although this unit is broader than that requested by the Petitioner, the Petitioner has
made a sufficient showing of interest in the broader unit and we shall direct an election in
that unit. If the Petitioner does not wish to participate in an election for the unit herein
found appropriate, it may withdraw its petition filed in this proceeding upon notice to that
effect given to the Regional Director within ten (10) days from the date of the direction of
election herein
JEFFERSON CO., INC., and SERVICE CORPORATION OF
AMERICA and CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS, Petitioner . Case No . 10-RC-2276. May 29, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Allen Sinsheimer,
Jr., hearing officer . The hearing officer ' s rulings made at
the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with this case
to a three -member panel [ Members Houston , Murdock, and
Styles].
105 NLRB No 4.
JEFFERSON CO., INC. 203
Upon the entire record in this case , the Board finds.,
1. The Board ' s jurisdiction is contested by each of the two
corporations named as Employer herein.
Jefferson Co., Inc. , herein called Jefferson , is a Florida
corporation engaged in selling at retail television sets, radios,
refrigerators , washing machines, and various electrical and
kitchen appliances . It operates within the State of Florida
5 stores and a warehouse in greater Miami , and 1 store in Fort
Lauderdale . During the year 1952 , it sold merchandise, all
locally, valued in excess of $3,000,000. During the same year,
its purchases were valued in excess of $2,000,000 , of which
over $ 1,700,000 represented goods produced outside the State
of Florida . We find that Jefferson is engaged in commerce
within the meaning of the Act, 1 and, in accordance with our
policy of asserting jurisdiction in cases where the indirect
inflow totals at least $1 , 000,000 annually , thatitwill effectuate
the policies of the Act to assert jurisdiction.
Service Corporation of America , herein called Service, is a
Florida corporation engaged in servicing television sets , radios,
refrigerators , washing machines , and various electrical ap-
pliances . It was organized in November 1952. Since November
1952 its sale of service , all performed within the State of
Florida, ranged in value from $15 , 000 to $25 , 000 per month,
of which 65 or 70 percent was performed for Jefferson, and
the remainder for other companies and the public at large.
On these facts , it is clear that Service does not fall within
the Board ' s jurisdictional standards . Nor does there appear
any basis for taking jurisdiction over Service from the
further evidence , discussed below, respecting the corporate or
operating interrelationship of Service and Jefferson ! Accord-
ingly, we shall not assert jurisdiction with respect to Service.
2. We find, contrary to the contention of the Employer, that
the Petitioner , Congress of Industrial Organizations , is a labor
organization within the meaning of Section 2 (5) of the Act,
because its purpose in this instance is to bargain collectively
with the Employer concerning the wages, hours , and working
conditions of employees.3
3. A question affecting commerce exists concerning the rep-
resentation of employees of the Employer within the meaning
of Section 9 (c) (1) and Section 2 ( 6) and (7) of the Act.
4. The Petitioner seeks a unit consisting of employees of
Jefferson and Service , in the white goods department, in the
warehouse , the refrigeration , outside refrigeration , and parts
refrigeration men, and the drivers and helpers , but excluding
television and radio servicemen , office clerical employees,
guards, watchmen , professional employees , and supervisors
as defined in the Act . In the alternative , the Petitioner will
accept any unit the Board finds appropriate . In support of its
primary unit request, the Petitioner takes the position, in
'See Television Company of Maryland, Inc, 101 NLRB 355
2Cf. Gifford- Hill & Company, Inc , et aL, 90 NLRB 428
3 See Bewley Mills, 77 NLRB 774.
204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
effect, that Jefferson and Service constitute a single employer
for purposes of collective-bargaining representation under
the Act . The facts do not support this position.
Before November 1952 Jefferson operated as part of its
business a service department confined to servicing its own
merchandise . Because it assertedly found such an arrange-
ment to be unprofitable , Jefferson was instrumental in the
formation of Service , which came into existence in November
1952 . At such time Service hired substantially all the em-
ployees in Jefferson ' s former service department . Thereafter,
Service contracted to perform all of Jefferson ' s servicing
requirements , which, as already noted, comprise 65 or 70
percent of Service's business . Jefferson owns 40 percent of
the outstanding stock of Service . The remainder of the stock
does not appear to be owned or controlled by Jefferson, or
by any of its officers or directors . There are no common of-
ficers or directors in the two corporations . Both corporations
are located at the same address, Service having subleased
building space from Jefferson . However , their respective
plants and officers aie separated by a masonry partition which
has a door permitting cross-entry between the two plants for
delivery purposes . Both plants have separate entrances , switch-
boards , payrolls , and time clocks for employees. Each corpora-
tion exercises full control over the employment conditions of
its respective employees , including separate supervision. There
is no interchange of employees between the two corporations.
Particularly as there is no showing here that Jefferson con-
trols the labor - relations policies of Service , we find that the
two corporations are separate employers under the Act.4
There remains for consideration the Petitioner ' s alter-
native unit request , which is necessarily confined to employees
of Jefferson . Eliminating from the primary unit sought by the
employees of Service , the alternative unit embraces only the
warehouse employees of Jefferson . Specifically , the unit would
include chauffeurs , helpers, warehousemen , shipping clerks,
and the porter. No issue appears in the record with respect
to the appropriateness of such a unit . In the past , the Board
has found similar units to be appropriate.5
Accordingly , we find the following employees of Jefferson
constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act:
All employees of Jefferson Co., Inc. , at its Miami , Florida,
warehouse , including chauffeurs , helpers, warehousemen,
shipping clerks, and the porter , but excluding office clerical
employees , guards , watchmen, professional employees, and
supervisors as defined in the Act.
[ Text of Direction of Election omitted from publication .]
4See Van Leer Chocolate Corporation , 90 NLRB 535; Wood Products Company, 100 NLRB
115.
5See, e . g., Edward Hines, Inc ., 90 NLRB 1140.